Ex parte Cudd

GARDNER, J.(1) The petition in this case shows that one V. A. Reynolds filed a case against J. J. Cudd (the petitioner here) and L. R. Reynolds, the husband of the complainant, seeking the cancellation of a certain mortgage executed by complainant and her husband to said Cudd. The complainant was successful, and decree was rendered canceling the mortgage; res*81pondent Cudd being taxed with the costs of the suit. The decree required the performance of no act of the respondent. Execution for costs was issued under said decree against Cudd, who perfected his appeal to this court by giving proper…